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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJESH RAI K
State Of Karnataka Department Of Revenue – Appellant
Versus
B.R. Chandramma Since Dead By Lr. – Respondent
| Table of Content |
|---|
| 1. background of land grant and transactions. (Para 1 , 2 , 3) |
| 2. arguments from both parties regarding land ownership. (Para 4 , 5 , 6) |
| 3. analysis of revenue records and legitimacy of claims. (Para 7 , 8 , 9 , 10) |
| 4. delay in revisional powers in relation to land ownership. (Para 11) |
| 5. final dismissal of the writ petition. (Para 12) |
ORDER :
Rajesh Rai K, J.
The State has called in question the correctness of the order dated 12.03.2018 in RRT(2)(A)CR.29/09-10 passed by the Special Deputy Commissioner-2, Bangalore North Sub- Division, Bangalore Urban District, Bangalore, whereby the Special Deputy Commissioner-2 dropped the proceedings based on the reference made by the Tahsildar, Anekal Taluk in respect of land bearing Sy.No.64/P40 measuring 2 acres situated at Bhoothanahalli village, Jigani Hobli, Anekal Taluk.
2. The abridged facts of the case are that, one Eeraiah and five others were granted land in Sy.No.64 totally measuring 12 acres situated at Bhoothanahalli village, Jigani Hobli, Anekal Taluk and among them, the said Eeraiah had granted 2 acres of land vide grant order No.186/49-50 dated 28.04.1950. Subsequently, the said Eeraiah was in possession and enjoyment of
State's delayed challenge to the land grant lacks merit as no substantiating evidence was presented, affirming the integrity of rights established over decades.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The court ruled that delayed administrative actions undermining property rights must be resolved through civil courts, emphasizing the importance of timely legal recourse.
Point of law: inordinate delay and laches in prosecuting their grievance disentitles them to seek equitable relief under Article 226 of the Constitution of India.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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